QUOTE(R o Y @ Feb 18 2016, 11:42 AM)
I recall long long long time ago, this similar issue was brought up for Serviced Apartments. Back then, Serviced Apartments were considered commercial properties and not under HDA. Many developers used this loophole to develop units meant for residential on commercial land while circumventing many of the restrictions under the HDA.
Many people were also worried that they were not protected under HDA when purchasing Serviced Apartments and choose to stay away from them.
Fast forward a few years, after there were so many Serviced Apartments being launched and being used as residential, the Government just decided to recognize it as residential and brought it under the HDA.
Its likely all the current "Hybrid" units will go thru this something similar sometime in the future.
Because there are already so many that have been built, and even more in the process of being built, eventually the Government will probably just recognize them and move on.
Hi, Roy,
I am not harping on SS but the discussion happen to be here.
Service apartment- Sevice apartment is a different issue altogether. Service apartment is property built on commercial land ,approved for residential use by the local authority, MBPJ, for example. Housing Ministry include this under HDA to protect home buyer's interest in 2007, as this is for "housing accommodation".
Office - when a project is approved as " office" by local authority, MBPJ, DBKL, for that matters, is not for residential use. There are different sets of requirements under the building by laws, or guidelines.
SOHO - Is another official hybrid, approved for commercial cum residential use. But, there are not many so called "SOHO" are officially approved as " SOHO" , especially those built some 10 years ago. As there is an element of residential in "SOHO", Housing Ministry has also include it in HDA.
There are also developer who intend to sell hotel rooms and managed to get APDL, but, again, whether it is legal? there are loopholes and local authority can only use the existing law to take action, or, create new one, if necessary , or only if they care to take action. We all know the sale of hotel rooms has been withdrawn. No guarantee that we won't have other similar case. Different issues, again.
I think we must know the difference between the role played and authority vested in Housing Ministry and local authority separately. I am not surprised Housing Ministry approved APDL for, hotel room, for example, but that doesn't mean that MPBJ / DBKL cannot take action, if they want to.
But then again, in reality, we are used to a situation where, " Didn't mention means can lor." Or "No action taken means can lor.". It doesn't matters really, we have lots of things happening without actions taken. It is up to the investor.
Just my 2 cents, for discussion sake.